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SAIF v. MYERS

00-07268, 00-07267, 00-01987; A116842.

82 P.3d 638 (2003)

191 Or. App. 263

In the Matter of the Compensation of Terry R. Myers, Claimant. SAIF CORPORATION, and Roberts Motor Co., Inc., Petitioners, v. Terry R. MYERS, Associated Fruit Co., and Liberty Northwest Insurance Corp., Respondents.

Court of Appeals of Oregon.

Decided December 17, 2003.

Attorney(s) appearing for the Case

David L. Runner, Salem, argued the cause and filed the briefs for petitioners.

Robert F. Webber, Medford, argued the cause for respondent Terry R. Myers. With him on the brief was Black, Chapman, Webber, Stevens & Petersen.

David O. Wilson argued the cause for respondents Associated Fruit Co. and Liberty Northwest Insurance Corp. On the brief was Darren W. Lee, Eugene.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

SAIF Corporation seeks review of an order of the Workers' Compensation Board in which the board upheld Liberty Northwest Insurance Corporation's (Liberty NW) denial of responsibility for claimant's current low back condition, set aside SAIF's responsibility denial of claimant's current low back condition, and remanded the claim to SAIF for processing.

The issue on review is which of two insurers is responsible, pursuant to ORS 656.308(1),

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